Before you start using our app, please take your time and read our general Terms and Conditions and our privacy policy. They describe your and our rights and obligations and point out important aspects to protect your health and personal information.
Your contract partner is Dietrich und Krenz GbR, Holbeinstr. 14, 04229 Leipzig, Germany. The company is represented by its shareholders Maximilian Georg Dietrich und Bernhard Krenz.
In the following Terms & Conditions, it is simply referred to as "Athlagon".
General Terms & Conditions
1. Health
2. Registration/costs
3. Coach subscription
4. Power of revocation
5. GTCs and privacy policy
6. Subject of the agreement
7. Misuse
8. Obligations of the user
9. Deleting the accounts and exclusion
10. Sanctions for breaches of duty by the user
11. Contents
12. Warranty and liability
13. Disclaimer
14. Indemnification by the user
15. Other provisions
GTCs VIDEO UPLOAD
1. Conditions of participation for the submission of video material
2. Underage participants
3. Privacy policy
4. Granting of rights
5. No obligation of use
6. Warranty statement
7. Claims for damages, criminal law
8. Written declaration of consent
With our interactive platform and our mobile applications, we aim to help users identify and improve their physical performance in terms of stamina, strength endurance, flexibility, and maximum power.
1. Health
When using Athlagon's offer, health should always be at the forefront.
"Athlagon" cannot relieve users of their own responsibility for their health.
In order to determine or improve physical performance, it is necessary, among other things, to set stimuli in the form of physical exercise. This also carries the risk of excessive stress. Therefore, it is highly recommended that users undergo regular thorough medical examinations with a view to health related performance restrictions for sport activity, especially prior to commencing training.
2. Registration/costs
2.1
In order to use Athlagon's range of products and services, a one-time free registration is required. 2.2
Athlagon's fee-based services are always preceded by an express notice that needs to be confirmed by users once again. 2.3
By registering, the user confirms the knowledge and full acceptance of these GTCs and our privacy policy, which are available at www.athlagon.com. 2.4
Each user may only register once with Athlagon and confirm with this registration that he/she is not yet a registered user of Athlagon and has not deleted any previously used account. 2.5
The user has two options to register: 2.5.1
Registration via registration form in the Athlagon application: To register, the user must enter all data completely and correctly in the registration form, including e-mail address and day of birth. 2.5.2
Transfer of the registration data of the user from the social network Facebook to Athlagon: Registration via Facebook Connect requires confirmation that the selected data which the user has already verified on Facebook can be transferred to the Athlagon network. 2.6
After successful registration, the user can either (I) log in by entering the email address and selected password in the Athlagon Testing Application, or (II) arrange this via Facebook Connect. 2.7
If the registration is not completed, Athlagon will not accept the data. 2.8
Athlagon reserves the right to refuse users without providing any reasons. In this case, the transmitted data will be deleted immediately. 2.9
Athlagon assumes no responsibility for the actual identity of its users, as the identification of persons on the Internet is only partially possible. Each user has to assure him/herself of the identity of another user before engaging in any type of interaction, such as adding a friend or sending messages.
3. Coach subscription
3.1
The Athlagon Coach subscription, with all options and features, is possible for a certain period of time for the payment of a fixed price. p> 3.2 Contents
The Athlagon Coach subscription grants the user for the booked period full access to all available test series and algorithm based training plans that are adapted to the data of the user. 3.3 Prices and subscription periods
Athlagon offers several subscription periods, allowing the user to buy the one that best suits their needs. The purchased subscription period begins upon completion of the purchase. The different subscription periods and the applicable prices can be viewed in the App Stores. Athlagon reserves the right to change prices at any time. Price changes are published in the App Stores. 3.4 Payments
Each subscription period is payable in advance. Once the user has booked and paid, the purchased validity period will be recorded in his or her account.
The subscription fees are payable immediately upon invoice for the entire subscription period. The user can settle them using various payment options provided by the App Store provider. If a fee can not be collected from a bank account specified by a user, e.g. due to lack of funds, the user shall bear all resulting costs, especially bank fees in connection with the return of direct debits or similar fees. 3.5 Automatic extension
Once the subscription period of the user reaches its end, the booking will automatically be extended by the subscription period that was initially booked. The form of payment selected with the previous booking will be charged with the standard price, that corresponds to this subscription period at the time of closing, i.e. not with any possible promotion or campaign price. This applies unless the user has cancelled at the latest 24 hours before expiry of the subscription through the corresponding App Store. The standard subscription price is visible in the App Stores. 3.6 Cancellation
The user can cancel the subscription at any time via the App Store. Fees already paid are not refunded by Athlagon, not even partially. 3.7 Period of validity
Subject to Section 3.4, each subscription period ends only at the end of the agreed period and regardless of the actual use of the services offered by Athlagon during that time. The user can always inform him or herself about the validity of the booking period in the App settings.
4. Revocation instruction
4.1. Revocation If the user concludes a contract with Athlagon for the use of services, he or she is entitled to the following right of revocation. The user has the right to revoke his or her intention to conclude the contract with Athlagon. The revocation period is fourteen days. This period begins with the conclusion of the contract. Timely dispatch suffices to comply with the time limit. Please send your revocation to:
Dietrich und Krenz GbR
Holbeinstr. 14
04229 Leipzig A revocation by email shall be addressed to:
contact@athlagon.com The revocation must contain a statement that clearly expresses the decision of the user to revoke the contract. The user may also use the sample revocation form contained in https://www.athlagon.com/widerruf/ for revocation purposes, that is to say, the form must be filled in and submit online. If the user chooses this option, Athlagon will immediately send an e-mail acknowledging receipt of his or her revocation. 4.2. Consequences of revocation If the user revokes the Agreement, Athlagon shall refund all payments received from the user in connection with the revoked contract, including delivery charges (except for additional costs incurred by the user because the user has opted for a different type of delivery than the least expensive standard delivery offered by Athlagon), no later than fourteen days from the date on which Athlagon has received the revocation notice. In order to refund all payments received, Athlagon shall use the payment method that the user has used to make his/her payment. 4.3. Expiry of the right of revocation The right of revocation of an agreement also ceases to exist in case of a contract for the delivery of non-physical digital content, when Athlagon has begun to execute the contract.
5. GTCs and privacy policy
5.1
By registering, the user declares to have read the general terms and conditions and privacy policy of "Athlagon" and to agree to their content. The general Terms and Conditions are available at www.athlagon.com/agb and the privacy policy can be found at www.athlagon.com/datenschutz. They apply to the entire Athlagon service offering. 5.2
Athlagon reserves the right to unilaterally change its GTCs and privacy policy if:
a) Existing laws are amended
b) amendments of supreme court rulings
c) The market situation changes
In the event of changes to the GTCs, Athlagon will inform the user in advance by e-mail notifying the user of the changes. This message will be forwarded to the e-mail address provided by him or her during the registration. Any further use of the product following receipt of the e-mail shall be considered acceptance of the amendment. 5.3
Neither the registration nor the use of the product and service offer of Athlagon is possible without approval of the respective applicable GTCs. 5.4
These GTCs apply to all access points, including (sub-) domains or mobile applications, to Athlagon's product and service offering. In particular, the Athlagon online offer is available at the following domains: www.athlagon.de, www.athlagon.com 5.5
Athlagon processes personal data in accordance with its privacy policy, the most current version of which is available at www.athlagon.com/en/datenschutz. In particular, the privacy policy regulates and clarifies to what extent personal data is visible to other users, and what options the user has for controlling the transfer of this data to other users. In the app settings, the user has the opportunity to regulate who can view his/her information (age, gender, test results, posts, etc.). Declaration of consent under data protection law
By registering with Athlagon, and as long as the user does not make any changes to the app settings, s/he agrees that all Athlagon users, even without special permission, can view his/her profile, test results, posts etc. This is intended to enable people to follow him/her and support him/her psychologically, for example by making comments. If the user no longer wishes to allow all Athalgon users to view his/her data, s/he can access the app settings at any time and regulate whether his/her data should continue to be publicly accessible to other users of Athlagon, or should only be accessible to the user him/herself.
6. 5. Subject of the agreement Athlagon offers users the following services and contents: 6.1 www.athlagon.com/athlagon.de - Platform: 6.1.1
Current information on Athlagon; 6.1.2
Link to download the health and fitness app "Athlagon"; 6.1.3
Text, pictures, sports, health and nutrition videos are presented by Athlagon and third parties appointed by us (such as physiotherapists and fitness trainers); 6.1.4 Other contents:
- Description of our company;
- Advertising by Athlagon and/or third parties;
- Support for users;
- GTCs 6.2 Athlagon mobile application: 6.2.1
Athlagon is currently offering its services for smartphones running iOS and Android operating systems. 6.2.2
The relevant data is transferred from the smartphone to Athlagon servers and may, with the express consent of the user, be shared with social networks, such as Facebook, etc. 6.2.3
The user hereby confirms the knowledge that the transfer of data from the smartphone to the Athlagon server incurs costs charged by the mobile service provider. These costs are to be borne by the user. 6.2.4
On the part of the smartphone providers, additional usage- and general terms apply to the user. 6.3 Other services provided by Athlagon:
Upon request, Athlagon will send a newsletter to registered users. With each newsletter, the user has the opportunity to unsubscribe via the subscription link in the newsletter or directly via the mobile application. After unsubscribing, the user will not receive any further newsletters from Athlagon. You may renew the subscription to the newsletter at any time.
7. Misuse It is the user’s responsibility to protect his or her registration data against unauthorised access by third parties, misuse or fraudulent use. The user must immediately report any unauthorised use, misuse or fraudulent use of his or her account, as well as the suspicion that his or her account could be at risk of such use by email to support@athlagon.com zu melden. 7.1.2
Athlagon has the right to close or cancel the account of any registered user should his or her actions result in an abusive or a fraudulent use of the account.
8. Rules of conduct of the user 8.1 Each user of the Athlagon.com platform agrees: 8.1.1
to truthfully provide his or her registration data, to keep the data up to date and complete, and not to disclose this data to any third party; 8.1.2
to store, publish, transmit and distribute only contents, such as photos, text, imagery or videos that he or she is authorised to distribute, that is to say: (I) either the user owns the exclusive rights of use or (II)if the user is not the owner of the rights to a content he or she has provided, he or she guarantees to Athlagon that he or she has effectively obtained all necessary rights, licenses, consents or the like. This also applies to copyrighted content such as company logos and trademarks. The responsibility for this content lies solely with the user; 8.1.3
not to store, publish, transmit and distribute any racist, abusive, discriminatory, defamatory, sexual, violent or otherwise unlawful content; 8.1.4
not to send chain letters or messages, e.g. mass emails or spam, to multiple persons at the same time; 8.1.5
not to interfere with the Athlagon Network by using technical or electronic tools, in particular, hacking attempts, brute-force attacks, virus/worm/Trojan infiltration and other disruptions affecting the Athlagon software and hardware; 8.1.6
not to copy, distribute and transmit accessible data without the express consent of the respective copyright holder or to read them with technical aids, such as crawlers or bots; 8.1.7
detected violations of the above obligations must be reported immediately by e-mail to support@athlagon.com; 8.1.8
to handle personal data carefully and to grant only such persons access to their own data, that he or she is already in a close relationship with; and 8.1.9
to regularly back up important personal data externally, for example, on storage media, a hard disk, or in the cloud. Athlagon cannot be held liable for lost or damaged data, to the extent permitted by law.
9. Deleting of accounts and exclusion 9.1
The user will be able to initiate the deletion of his account and thus duly terminate the use of the online offer of the Athlagon application at any time in the menu item "settings" under the sub-menu "account". To protect against accidental termination of use, the user must confirm his or her intention to terminate once. 9.2
Athlagon reserves the right to exclude the user from the Athlagon platform. The details are set out in the section entitled "Sanctions for breaches of duty by the user". 9.3
Upon termination of use by the user or exclusion of the user by Athlagon under the terms of the contractual agreements or revocation of the user's consent in accordance with the consumer right of revocation notice, 9.3.1
all personal data provided by the user during registration will be deleted. The data that the user has made public him or herself are beyond the scope of deletion by Athlagon.
10. Sanctions for breaches of duty by the user 10.1
In order to ensure proper performance of the contractual services, Athlagon will impose the following penalties for violations of legal regulations and/or contractual obligations by the user, as described in sections 7. (Misuse) and 6. (Obligations of the user) of these GTCs without stating any reasons:
• Warning;
• Deletion of contents;
• Temporary blocking of the user;
• Exclusion (final ban).
10.2
The choice of sanction depends on the intention, severity or manner of the offense, while respecting the interests of both parties. 10.3
In the event of exclusion from the Athlagon Network under this section, sanctions for breaches of obligations by the user, the user is prohibited from registering again.
11.Contents 11.1
Athlagon allows its registered users to use the products and services offered in accordance with the law and these GTCs to upload, store, publish, distribute, transmit and share content with other users. 11.2
The user agrees that he or she may be faced with tailored offers and/or advertisements by automatically evaluating his usage patterns. 11.3
The user agrees that in the context of the offers and/or advertising messages mentioned under 11.2 advertising that is marketed by Athlagon may take place. 11.4
Athlagon is entitled to save contents and disclose it to third parties, to the extent required by law or as deemed necessary and legally permissible after due consideration in order to 11.4.1
comply with legal provisions, court orders or governmental ordinances; 11.4.2
ensure compliance with these GTCs; 11.4.3
respond to the assertion of an infringement by third parties; or 11.4.4
protect the rights, property or personal safety of Athlagon, its users or the public. 11.5
The user grants Athlagon an irrevocable, royalty-free, non-exclusive, but unrestricted right to use all content generated, transmitted, stored and published by him or her. Athlagon is therefore entitled to use any content, regardless of the type of use, as part of Athlagon's offer, or as part of any other activity of Athlagon or an affiliate of Athlagon. This also includes a right of modification and processing, unless this affects legitimate interests of the user. Within this context, the user grants Athlagon moral rights. In the event that created content is used outside the Athlagon Platform, Athlagon will, as far as possible, disclose the user’s authorship. 11.6
Athlagon does not claim ownership of any content created. Athlagon will not exercise oversight over the content created by users. 11.7
Athlagon reserves the right to delete content created by users, such as comments, without giving any reason. In this case, the user will be informed and, if applicable, in the event of a breach of these GTCs, prosecution shall ensue in terms of section sanctions for violations of obligations by the user. 11.8
Athlagon assumes no responsibility for incorrectly created content of users. 11.9
Athlagon may make special offers or free offers that may be subject to additional terms or restrictions. These promotions and offers are not transferable from one user to another.
12. Warranty and liability 12.1
To the extent permitted by law, Athlagon does not warrant that the Athlagon Platform will be available at all times, complete, and error-free, or that the required software and hardware will operate without error. 12.2
Athlagon does not warrant that the transfer of data via third-party systems, in particular the internet or telecommunications networks, will not be tracked, recorded or falsified by third parties. 12.3
The use of Athlagon's offer by the user is solely at the user's risk. This is unequivocally applicable to 12.3.1
the downloading of own and third-party content by the user; and 12.3.2
any use by the user of data created or provided by Athlagon, including, but not limited to, recommended actions, e.g. fitness tests, etc. The user expressly acknowledges that such data may be incorrect and, to the extent permitted by law, Athlagon assumes no responsibility for the accuracy of such data. 12.4
Athlagon is not responsible for the content of external links, banners or other informational and promotional offers that can be placed by third parties for the user. Legal transactions between the user and a third party, e.g., through linked pages or banners, lead to contractual relationships exclusively between the user and the third party. Athlagon assumes no responsibility for third-party services.
13. Disclaimer 13.1
Athlagon is liable within the framework of existing legal provisions, regardless of the legal grounds (pre-contractual, contractual, non-contractual), only if the damage was caused by gross negligence or intent on the part of Athlagon. In case of minor negligence, Athlagon is not liable to companies, and to consumers only for injury to life, body, or health. Athlagon's liability to companies for consequential damages, mere financial loss, loss of profit, damages arising from claims of third parties, is excluded. 13.2
Except as required by applicable law, neither Athlagon nor its affiliates are liable for damages resulting from the use of content made available through the online- and mobile offering, or other forms of use of the online offering. This also applies to damage caused by malfunctions, problems, viruses or loss of data. 13.3
Athlagon assumes no liability whatsoever for the downloaded material or the material received by the user as a result of using the service on the Athlagon platform. The user alone is liable for any damage the above-mentioned material may cause to his or her computer system or for the loss of data due to the downloading of any performance-related material from the Athlagon platform. 13.4
The user assumes full liability for any complaint, action of a judicial, extrajudicial or any other nature arising out of or in any way connected with conflicts with other users. The user acknowledges and accepts that Athlagon is under no circumstances or in any way responsible for the actions or omissions of other users, nor for any damage resulting from said acts or omissions.
14. Indemnification by the user 14.1
The user indemnifies Athlagon from all claims that third parties make against Athlagon for any infringement of their rights by content posted by the user within the Athlagon Network or through any other use by the user of the applications available through the Athlagon network. The user hereby bears the costs of a necessary legal defense of Athlagon, including all court and legal costs at the statutory rate. This does not apply if the infringement is not due to any culpable behavior of the user. 14.2
In the event of a third party claim, the user shall promptly, truthfully, and completely disclose to Athlagon, all information that is necessary for the assessment of claims and a defense. Any further compensation claims of Athlagon against the user remain unaffected.
15. Other provisions 15.1
Should individual provisions of these GTCs be invalid or become invalid, this shall not affect the validity of the remaining provisions. 15.2
Applicable law and place of jurisdiction. 15.2.1
These GTCs and all legal relationships and disputes between the users and Athlagon are subject exclusively to German law. These terms and conditions are without prejudice to the protection provided by the mandatory legislation of the user's country of residence.
The language available for the contract is German. If translations of these Terms and Conditions should be made in languages other than German, only the German version is binding. 15.2.2
Place of fulfillment is Leipzig, Germany. 15.2.3
Place of jurisdiction for all disputes arising out of Athlagon's services and any legal issues arising therefrom is, to the extent permitted by law, the registered office of Athlagon.
1. Conditions of participation for the submission of video material
Before uploading videos, we ask that you agree to the following conditions of participation of Athlagon. Without your consent we cannot allow you to upload videos:
2. Minors as participants
By submitting this consent, you also confirm that you are at least 18 years of age. Minor participants are not permitted to upload videos.
3. Data protection declaration
Athlagon is entitled to process your personal data obtained as part of the contractual relationship in accordance with the provisions of the Federal Data Protection Act to the extent necessary for the execution of the contract. You are entitled to information or correction in accordance with legal requirements and you can revoke your online consent to processing the data at any time with effect for the future.
4. Granting of rights
By participating and uploading videos, you transfer to Athlagon, free of charge, the non-exclusive rights, unlimited in terms of time, space and content, to these videos, also for further transmission to third parties.
This means that Athlagon may reproduce and disseminate the videos you upload worldwide, any number of times, through digital services of all kinds (via the Athlagon App, the Athlagon Website, YouTube, social media and/or other types of distribution and/or media) and exploit them audiovisually - in particular, multimedially.
Athlagon may use the videos you have uploaded online, making them available to users at a location and at a time they individually choose, e.g. on-demand services such as the Athlagon App.
The aforementioned rights are granted regardless of the memory or data transmission technology used and regardless of whether the use is made with or without caching and/or by means of an individual retrieval and/or whether the reception or playback takes by television, computer or other - in particular mobile - end devices.
In addition, Athlagon may edit the videos uploaded by you within the legal limits of applicable copyright law, in particular, to shorten, share, visually edit and supplement them with texts and animations. Athlagon may also archive the video material and use it commercially and non-commercially for advertising and public relation purposes in all media. Athlagon may also transfer these rights to third parties.
With your consent and upload, you will transfer these usage rights to Athlagon free of charge, meaning, without Athlagon paying you any compensation.
5. No obligation to use
An obligation to use is not established in favour of Athlagon.
6. Warranty statement
You guarantee to Athlagon that the person shown in the video is you. Videos showing multiple people will not be used by Athlagon and will be deleted immediately.
You guarantee to Athlagon that you are authorised to upload the video and to transfer the rights described, and that the video material is not encumbered with third-party rights, such as that produced by a third party. If you participate, you also must be the author. This means that only videos that you have made yourself may be uploaded. In principle, content from third parties, from magazines, books, films, et cetera, may not be used.
All authors of the video material must be mentioned by name, the co-authors must agree with the exploitation of the video. In this respect, you shall release Athlagon from possible claims of the co-author(s). This also applies to claims of the actual entitled person in the event that you are not the author.
7. Claims for damages, criminal law
Uploading of commercial videos is prohibited. Athlagon will remove them immediately. Insofar as the uploaded material contains harmful software such as viruses, Trojans and the like, Athlagon expressly reserves its statutory claims for damages, etc. If the material includes unlawful content such as pornographic content, content liable to corrupt the young, violent, abusive, racist, threatening, or offensive content, Athlagon will, if appropriate, bring about criminal charges for such actions.
8. Written declaration of consent
Athlagon reserves the right to obtain the consent to aforementioned conditions of participation from you in writing. If you do not agree with these terms and Conditions by Athlagon for submitting videos, please do not upload any videos!
Your contract partner is Dietrich und Krenz GbR, Holbeinstr. 14, 04229 Leipzig, Germany. The company is represented by its shareholders Maximilian Georg Dietrich und Bernhard Krenz.
In the following Terms & Conditions, it is simply referred to as "Athlagon".
General Terms & Conditions
1. Health
2. Registration/costs
3. Coach subscription
4. Power of revocation
5. GTCs and privacy policy
6. Subject of the agreement
7. Misuse
8. Obligations of the user
9. Deleting the accounts and exclusion
10. Sanctions for breaches of duty by the user
11. Contents
12. Warranty and liability
13. Disclaimer
14. Indemnification by the user
15. Other provisions
GTCs VIDEO UPLOAD
1. Conditions of participation for the submission of video material
2. Underage participants
3. Privacy policy
4. Granting of rights
5. No obligation of use
6. Warranty statement
7. Claims for damages, criminal law
8. Written declaration of consent
GTCs of Athlagon
With our interactive platform and our mobile applications, we aim to help users identify and improve their physical performance in terms of stamina, strength endurance, flexibility, and maximum power.
1. Health
When using Athlagon's offer, health should always be at the forefront.
"Athlagon" cannot relieve users of their own responsibility for their health.
In order to determine or improve physical performance, it is necessary, among other things, to set stimuli in the form of physical exercise. This also carries the risk of excessive stress. Therefore, it is highly recommended that users undergo regular thorough medical examinations with a view to health related performance restrictions for sport activity, especially prior to commencing training.
2. Registration/costs
2.1
In order to use Athlagon's range of products and services, a one-time free registration is required. 2.2
Athlagon's fee-based services are always preceded by an express notice that needs to be confirmed by users once again. 2.3
By registering, the user confirms the knowledge and full acceptance of these GTCs and our privacy policy, which are available at www.athlagon.com. 2.4
Each user may only register once with Athlagon and confirm with this registration that he/she is not yet a registered user of Athlagon and has not deleted any previously used account. 2.5
The user has two options to register: 2.5.1
Registration via registration form in the Athlagon application: To register, the user must enter all data completely and correctly in the registration form, including e-mail address and day of birth. 2.5.2
Transfer of the registration data of the user from the social network Facebook to Athlagon: Registration via Facebook Connect requires confirmation that the selected data which the user has already verified on Facebook can be transferred to the Athlagon network. 2.6
After successful registration, the user can either (I) log in by entering the email address and selected password in the Athlagon Testing Application, or (II) arrange this via Facebook Connect. 2.7
If the registration is not completed, Athlagon will not accept the data. 2.8
Athlagon reserves the right to refuse users without providing any reasons. In this case, the transmitted data will be deleted immediately. 2.9
Athlagon assumes no responsibility for the actual identity of its users, as the identification of persons on the Internet is only partially possible. Each user has to assure him/herself of the identity of another user before engaging in any type of interaction, such as adding a friend or sending messages.
3. Coach subscription
3.1
The Athlagon Coach subscription, with all options and features, is possible for a certain period of time for the payment of a fixed price. p> 3.2 Contents
The Athlagon Coach subscription grants the user for the booked period full access to all available test series and algorithm based training plans that are adapted to the data of the user. 3.3 Prices and subscription periods
Athlagon offers several subscription periods, allowing the user to buy the one that best suits their needs. The purchased subscription period begins upon completion of the purchase. The different subscription periods and the applicable prices can be viewed in the App Stores. Athlagon reserves the right to change prices at any time. Price changes are published in the App Stores. 3.4 Payments
Each subscription period is payable in advance. Once the user has booked and paid, the purchased validity period will be recorded in his or her account.
The subscription fees are payable immediately upon invoice for the entire subscription period. The user can settle them using various payment options provided by the App Store provider. If a fee can not be collected from a bank account specified by a user, e.g. due to lack of funds, the user shall bear all resulting costs, especially bank fees in connection with the return of direct debits or similar fees. 3.5 Automatic extension
Once the subscription period of the user reaches its end, the booking will automatically be extended by the subscription period that was initially booked. The form of payment selected with the previous booking will be charged with the standard price, that corresponds to this subscription period at the time of closing, i.e. not with any possible promotion or campaign price. This applies unless the user has cancelled at the latest 24 hours before expiry of the subscription through the corresponding App Store. The standard subscription price is visible in the App Stores. 3.6 Cancellation
The user can cancel the subscription at any time via the App Store. Fees already paid are not refunded by Athlagon, not even partially. 3.7 Period of validity
Subject to Section 3.4, each subscription period ends only at the end of the agreed period and regardless of the actual use of the services offered by Athlagon during that time. The user can always inform him or herself about the validity of the booking period in the App settings.
4. Revocation instruction
4.1. Revocation If the user concludes a contract with Athlagon for the use of services, he or she is entitled to the following right of revocation. The user has the right to revoke his or her intention to conclude the contract with Athlagon. The revocation period is fourteen days. This period begins with the conclusion of the contract. Timely dispatch suffices to comply with the time limit. Please send your revocation to:
Dietrich und Krenz GbR
Holbeinstr. 14
04229 Leipzig A revocation by email shall be addressed to:
contact@athlagon.com The revocation must contain a statement that clearly expresses the decision of the user to revoke the contract. The user may also use the sample revocation form contained in https://www.athlagon.com/widerruf/ for revocation purposes, that is to say, the form must be filled in and submit online. If the user chooses this option, Athlagon will immediately send an e-mail acknowledging receipt of his or her revocation. 4.2. Consequences of revocation If the user revokes the Agreement, Athlagon shall refund all payments received from the user in connection with the revoked contract, including delivery charges (except for additional costs incurred by the user because the user has opted for a different type of delivery than the least expensive standard delivery offered by Athlagon), no later than fourteen days from the date on which Athlagon has received the revocation notice. In order to refund all payments received, Athlagon shall use the payment method that the user has used to make his/her payment. 4.3. Expiry of the right of revocation The right of revocation of an agreement also ceases to exist in case of a contract for the delivery of non-physical digital content, when Athlagon has begun to execute the contract.
5. GTCs and privacy policy
5.1
By registering, the user declares to have read the general terms and conditions and privacy policy of "Athlagon" and to agree to their content. The general Terms and Conditions are available at www.athlagon.com/agb and the privacy policy can be found at www.athlagon.com/datenschutz. They apply to the entire Athlagon service offering. 5.2
Athlagon reserves the right to unilaterally change its GTCs and privacy policy if:
a) Existing laws are amended
b) amendments of supreme court rulings
c) The market situation changes
In the event of changes to the GTCs, Athlagon will inform the user in advance by e-mail notifying the user of the changes. This message will be forwarded to the e-mail address provided by him or her during the registration. Any further use of the product following receipt of the e-mail shall be considered acceptance of the amendment. 5.3
Neither the registration nor the use of the product and service offer of Athlagon is possible without approval of the respective applicable GTCs. 5.4
These GTCs apply to all access points, including (sub-) domains or mobile applications, to Athlagon's product and service offering. In particular, the Athlagon online offer is available at the following domains: www.athlagon.de, www.athlagon.com 5.5
Athlagon processes personal data in accordance with its privacy policy, the most current version of which is available at www.athlagon.com/en/datenschutz. In particular, the privacy policy regulates and clarifies to what extent personal data is visible to other users, and what options the user has for controlling the transfer of this data to other users. In the app settings, the user has the opportunity to regulate who can view his/her information (age, gender, test results, posts, etc.). Declaration of consent under data protection law
By registering with Athlagon, and as long as the user does not make any changes to the app settings, s/he agrees that all Athlagon users, even without special permission, can view his/her profile, test results, posts etc. This is intended to enable people to follow him/her and support him/her psychologically, for example by making comments. If the user no longer wishes to allow all Athalgon users to view his/her data, s/he can access the app settings at any time and regulate whether his/her data should continue to be publicly accessible to other users of Athlagon, or should only be accessible to the user him/herself.
6. 5. Subject of the agreement Athlagon offers users the following services and contents: 6.1 www.athlagon.com/athlagon.de - Platform: 6.1.1
Current information on Athlagon; 6.1.2
Link to download the health and fitness app "Athlagon"; 6.1.3
Text, pictures, sports, health and nutrition videos are presented by Athlagon and third parties appointed by us (such as physiotherapists and fitness trainers); 6.1.4 Other contents:
- Description of our company;
- Advertising by Athlagon and/or third parties;
- Support for users;
- GTCs 6.2 Athlagon mobile application: 6.2.1
Athlagon is currently offering its services for smartphones running iOS and Android operating systems. 6.2.2
The relevant data is transferred from the smartphone to Athlagon servers and may, with the express consent of the user, be shared with social networks, such as Facebook, etc. 6.2.3
The user hereby confirms the knowledge that the transfer of data from the smartphone to the Athlagon server incurs costs charged by the mobile service provider. These costs are to be borne by the user. 6.2.4
On the part of the smartphone providers, additional usage- and general terms apply to the user. 6.3 Other services provided by Athlagon:
Upon request, Athlagon will send a newsletter to registered users. With each newsletter, the user has the opportunity to unsubscribe via the subscription link in the newsletter or directly via the mobile application. After unsubscribing, the user will not receive any further newsletters from Athlagon. You may renew the subscription to the newsletter at any time.
7. Misuse It is the user’s responsibility to protect his or her registration data against unauthorised access by third parties, misuse or fraudulent use. The user must immediately report any unauthorised use, misuse or fraudulent use of his or her account, as well as the suspicion that his or her account could be at risk of such use by email to support@athlagon.com zu melden. 7.1.2
Athlagon has the right to close or cancel the account of any registered user should his or her actions result in an abusive or a fraudulent use of the account.
8. Rules of conduct of the user 8.1 Each user of the Athlagon.com platform agrees: 8.1.1
to truthfully provide his or her registration data, to keep the data up to date and complete, and not to disclose this data to any third party; 8.1.2
to store, publish, transmit and distribute only contents, such as photos, text, imagery or videos that he or she is authorised to distribute, that is to say: (I) either the user owns the exclusive rights of use or (II)if the user is not the owner of the rights to a content he or she has provided, he or she guarantees to Athlagon that he or she has effectively obtained all necessary rights, licenses, consents or the like. This also applies to copyrighted content such as company logos and trademarks. The responsibility for this content lies solely with the user; 8.1.3
not to store, publish, transmit and distribute any racist, abusive, discriminatory, defamatory, sexual, violent or otherwise unlawful content; 8.1.4
not to send chain letters or messages, e.g. mass emails or spam, to multiple persons at the same time; 8.1.5
not to interfere with the Athlagon Network by using technical or electronic tools, in particular, hacking attempts, brute-force attacks, virus/worm/Trojan infiltration and other disruptions affecting the Athlagon software and hardware; 8.1.6
not to copy, distribute and transmit accessible data without the express consent of the respective copyright holder or to read them with technical aids, such as crawlers or bots; 8.1.7
detected violations of the above obligations must be reported immediately by e-mail to support@athlagon.com; 8.1.8
to handle personal data carefully and to grant only such persons access to their own data, that he or she is already in a close relationship with; and 8.1.9
to regularly back up important personal data externally, for example, on storage media, a hard disk, or in the cloud. Athlagon cannot be held liable for lost or damaged data, to the extent permitted by law.
9. Deleting of accounts and exclusion 9.1
The user will be able to initiate the deletion of his account and thus duly terminate the use of the online offer of the Athlagon application at any time in the menu item "settings" under the sub-menu "account". To protect against accidental termination of use, the user must confirm his or her intention to terminate once. 9.2
Athlagon reserves the right to exclude the user from the Athlagon platform. The details are set out in the section entitled "Sanctions for breaches of duty by the user". 9.3
Upon termination of use by the user or exclusion of the user by Athlagon under the terms of the contractual agreements or revocation of the user's consent in accordance with the consumer right of revocation notice, 9.3.1
all personal data provided by the user during registration will be deleted. The data that the user has made public him or herself are beyond the scope of deletion by Athlagon.
10. Sanctions for breaches of duty by the user 10.1
In order to ensure proper performance of the contractual services, Athlagon will impose the following penalties for violations of legal regulations and/or contractual obligations by the user, as described in sections 7. (Misuse) and 6. (Obligations of the user) of these GTCs without stating any reasons:
• Warning;
• Deletion of contents;
• Temporary blocking of the user;
• Exclusion (final ban).
10.2
The choice of sanction depends on the intention, severity or manner of the offense, while respecting the interests of both parties. 10.3
In the event of exclusion from the Athlagon Network under this section, sanctions for breaches of obligations by the user, the user is prohibited from registering again.
11.Contents 11.1
Athlagon allows its registered users to use the products and services offered in accordance with the law and these GTCs to upload, store, publish, distribute, transmit and share content with other users. 11.2
The user agrees that he or she may be faced with tailored offers and/or advertisements by automatically evaluating his usage patterns. 11.3
The user agrees that in the context of the offers and/or advertising messages mentioned under 11.2 advertising that is marketed by Athlagon may take place. 11.4
Athlagon is entitled to save contents and disclose it to third parties, to the extent required by law or as deemed necessary and legally permissible after due consideration in order to 11.4.1
comply with legal provisions, court orders or governmental ordinances; 11.4.2
ensure compliance with these GTCs; 11.4.3
respond to the assertion of an infringement by third parties; or 11.4.4
protect the rights, property or personal safety of Athlagon, its users or the public. 11.5
The user grants Athlagon an irrevocable, royalty-free, non-exclusive, but unrestricted right to use all content generated, transmitted, stored and published by him or her. Athlagon is therefore entitled to use any content, regardless of the type of use, as part of Athlagon's offer, or as part of any other activity of Athlagon or an affiliate of Athlagon. This also includes a right of modification and processing, unless this affects legitimate interests of the user. Within this context, the user grants Athlagon moral rights. In the event that created content is used outside the Athlagon Platform, Athlagon will, as far as possible, disclose the user’s authorship. 11.6
Athlagon does not claim ownership of any content created. Athlagon will not exercise oversight over the content created by users. 11.7
Athlagon reserves the right to delete content created by users, such as comments, without giving any reason. In this case, the user will be informed and, if applicable, in the event of a breach of these GTCs, prosecution shall ensue in terms of section sanctions for violations of obligations by the user. 11.8
Athlagon assumes no responsibility for incorrectly created content of users. 11.9
Athlagon may make special offers or free offers that may be subject to additional terms or restrictions. These promotions and offers are not transferable from one user to another.
12. Warranty and liability 12.1
To the extent permitted by law, Athlagon does not warrant that the Athlagon Platform will be available at all times, complete, and error-free, or that the required software and hardware will operate without error. 12.2
Athlagon does not warrant that the transfer of data via third-party systems, in particular the internet or telecommunications networks, will not be tracked, recorded or falsified by third parties. 12.3
The use of Athlagon's offer by the user is solely at the user's risk. This is unequivocally applicable to 12.3.1
the downloading of own and third-party content by the user; and 12.3.2
any use by the user of data created or provided by Athlagon, including, but not limited to, recommended actions, e.g. fitness tests, etc. The user expressly acknowledges that such data may be incorrect and, to the extent permitted by law, Athlagon assumes no responsibility for the accuracy of such data. 12.4
Athlagon is not responsible for the content of external links, banners or other informational and promotional offers that can be placed by third parties for the user. Legal transactions between the user and a third party, e.g., through linked pages or banners, lead to contractual relationships exclusively between the user and the third party. Athlagon assumes no responsibility for third-party services.
13. Disclaimer 13.1
Athlagon is liable within the framework of existing legal provisions, regardless of the legal grounds (pre-contractual, contractual, non-contractual), only if the damage was caused by gross negligence or intent on the part of Athlagon. In case of minor negligence, Athlagon is not liable to companies, and to consumers only for injury to life, body, or health. Athlagon's liability to companies for consequential damages, mere financial loss, loss of profit, damages arising from claims of third parties, is excluded. 13.2
Except as required by applicable law, neither Athlagon nor its affiliates are liable for damages resulting from the use of content made available through the online- and mobile offering, or other forms of use of the online offering. This also applies to damage caused by malfunctions, problems, viruses or loss of data. 13.3
Athlagon assumes no liability whatsoever for the downloaded material or the material received by the user as a result of using the service on the Athlagon platform. The user alone is liable for any damage the above-mentioned material may cause to his or her computer system or for the loss of data due to the downloading of any performance-related material from the Athlagon platform. 13.4
The user assumes full liability for any complaint, action of a judicial, extrajudicial or any other nature arising out of or in any way connected with conflicts with other users. The user acknowledges and accepts that Athlagon is under no circumstances or in any way responsible for the actions or omissions of other users, nor for any damage resulting from said acts or omissions.
14. Indemnification by the user 14.1
The user indemnifies Athlagon from all claims that third parties make against Athlagon for any infringement of their rights by content posted by the user within the Athlagon Network or through any other use by the user of the applications available through the Athlagon network. The user hereby bears the costs of a necessary legal defense of Athlagon, including all court and legal costs at the statutory rate. This does not apply if the infringement is not due to any culpable behavior of the user. 14.2
In the event of a third party claim, the user shall promptly, truthfully, and completely disclose to Athlagon, all information that is necessary for the assessment of claims and a defense. Any further compensation claims of Athlagon against the user remain unaffected.
15. Other provisions 15.1
Should individual provisions of these GTCs be invalid or become invalid, this shall not affect the validity of the remaining provisions. 15.2
Applicable law and place of jurisdiction. 15.2.1
These GTCs and all legal relationships and disputes between the users and Athlagon are subject exclusively to German law. These terms and conditions are without prejudice to the protection provided by the mandatory legislation of the user's country of residence.
The language available for the contract is German. If translations of these Terms and Conditions should be made in languages other than German, only the German version is binding. 15.2.2
Place of fulfillment is Leipzig, Germany. 15.2.3
Place of jurisdiction for all disputes arising out of Athlagon's services and any legal issues arising therefrom is, to the extent permitted by law, the registered office of Athlagon.
GTCs of Athlagon for uploading videos
1. Conditions of participation for the submission of video material
Before uploading videos, we ask that you agree to the following conditions of participation of Athlagon. Without your consent we cannot allow you to upload videos:
2. Minors as participants
By submitting this consent, you also confirm that you are at least 18 years of age. Minor participants are not permitted to upload videos.
3. Data protection declaration
Athlagon is entitled to process your personal data obtained as part of the contractual relationship in accordance with the provisions of the Federal Data Protection Act to the extent necessary for the execution of the contract. You are entitled to information or correction in accordance with legal requirements and you can revoke your online consent to processing the data at any time with effect for the future.
4. Granting of rights
By participating and uploading videos, you transfer to Athlagon, free of charge, the non-exclusive rights, unlimited in terms of time, space and content, to these videos, also for further transmission to third parties.
This means that Athlagon may reproduce and disseminate the videos you upload worldwide, any number of times, through digital services of all kinds (via the Athlagon App, the Athlagon Website, YouTube, social media and/or other types of distribution and/or media) and exploit them audiovisually - in particular, multimedially.
Athlagon may use the videos you have uploaded online, making them available to users at a location and at a time they individually choose, e.g. on-demand services such as the Athlagon App.
The aforementioned rights are granted regardless of the memory or data transmission technology used and regardless of whether the use is made with or without caching and/or by means of an individual retrieval and/or whether the reception or playback takes by television, computer or other - in particular mobile - end devices.
In addition, Athlagon may edit the videos uploaded by you within the legal limits of applicable copyright law, in particular, to shorten, share, visually edit and supplement them with texts and animations. Athlagon may also archive the video material and use it commercially and non-commercially for advertising and public relation purposes in all media. Athlagon may also transfer these rights to third parties.
With your consent and upload, you will transfer these usage rights to Athlagon free of charge, meaning, without Athlagon paying you any compensation.
5. No obligation to use
An obligation to use is not established in favour of Athlagon.
6. Warranty statement
You guarantee to Athlagon that the person shown in the video is you. Videos showing multiple people will not be used by Athlagon and will be deleted immediately.
You guarantee to Athlagon that you are authorised to upload the video and to transfer the rights described, and that the video material is not encumbered with third-party rights, such as that produced by a third party. If you participate, you also must be the author. This means that only videos that you have made yourself may be uploaded. In principle, content from third parties, from magazines, books, films, et cetera, may not be used.
All authors of the video material must be mentioned by name, the co-authors must agree with the exploitation of the video. In this respect, you shall release Athlagon from possible claims of the co-author(s). This also applies to claims of the actual entitled person in the event that you are not the author.
7. Claims for damages, criminal law
Uploading of commercial videos is prohibited. Athlagon will remove them immediately. Insofar as the uploaded material contains harmful software such as viruses, Trojans and the like, Athlagon expressly reserves its statutory claims for damages, etc. If the material includes unlawful content such as pornographic content, content liable to corrupt the young, violent, abusive, racist, threatening, or offensive content, Athlagon will, if appropriate, bring about criminal charges for such actions.
8. Written declaration of consent
Athlagon reserves the right to obtain the consent to aforementioned conditions of participation from you in writing. If you do not agree with these terms and Conditions by Athlagon for submitting videos, please do not upload any videos!